Buddy Darling v. Registrar, Motor Vehicle Dealers Act, 2002, 2020 CanLII 27359

Licence Appeal Tribunal

Date: 2020-02-19

Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B to Refuse Registration

Between:

Buddy Darling

Appellant

-and-

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

CONSENT ORDER

Order made by:

Zahra Dhanani, Member

Date of Order:

February 19, 2020

1The appellant requested a hearing before the Licence Appeal Tribunal (the "Tribunal") to appeal the respondent's proposal to refuse his registration.

2The parties have advised the Tribunal that they have resolved the issues in dispute and have requested that the Tribunal issue an order on consent disposing of this proceeding.

3I have considered the Minutes of Settlement, signed by both parties and filed with the Tribunal, in which the parties set out the order requested.

4Therefore, on consent of the parties, and pursuant to s. 6(2) of the Motor Vehicle Dealers Act, 2002 and s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, I substitute my opinion for that of the Registrar and order as follows:

1. The Appellant shall comply with all requirements of the MVDA and Ontario Regulation 333/08, the Code of Ethics in Ontario Regulation 332/08, the Ontario Motor Vehicle Industry Council ("OMVIC") Standards of Business Practice, 2010 and OMVIC Guidelines, as may be amended from time to time. The Appellant shall read all correspondence and bulletins from OMVIC as released.

2. For the period of two years, the Appellant shall be employed by a registered dealer exclusively within the "New and Used Motor Vehicles" class, subject to the Registrar's approval, which shall not be unreasonably withheld.

3. For the period of three years, the Appellant shall neither be a final signing authority nor controlling mind of a motor vehicle dealer.

4. For the period of three years, the Appellant shall not be a partner, shareholder, officer, director, person in charge, dealer administrator, manager, business/finance manager or have direct or indirect control of a motor vehicle dealer.

5. For the period of three years, the Appellant shall not apply to be registered as a dealer.

6. The Appellant shall provide the Registrar with full and complete disclosure in all future correspondence and on all future applications, regardless of whether or not disclosure has been made previously to the Registrar.

7. The Appellant shall ensure that he shall not trade in motor vehicles where the Appellant knows, or ought to know, that trading may facilitate an illegal or unethical practice.

8. The Appellant and the Registrar hereby agree that no costs should be awarded as part of this proceeding.